103858 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 

the Interior (Secretary). The HEARTH 

Act also authorizes Tribes to enter into 

leases for residential, recreational, 

religious or educational purposes for a 

primary term of up to 75 years without 

the approval of the Secretary. 

Participating Tribes develop Tribal 

Leasing regulations, including an 

environmental review process, and then 

must obtain the Secretary’s approval of 

those regulations prior to entering into 

leases. The HEARTH Act requires the 

Secretary to approve Tribal regulations 

if the Tribal regulations are consistent 

with the Department of the Interior’s 

(Department) leasing regulations at 25 

CFR part 162 and provide for an 

environmental review process that 

meets requirements set forth in the 

HEARTH Act. This notice announces 

that the Secretary, through the Assistant 

Secretary—Indian Affairs, has approved 

the Tribal regulations for the Kickapoo 

Tribe of Oklahoma. 

II. Federal Preemption of State and 

Local Taxes 

The Department’s regulations 

governing the surface leasing of trust 

and restricted Indian lands specify that, 

subject to applicable Federal law, 

permanent improvements on leased 

land, leasehold or possessory interests, 

and activities under the lease are not 

subject to State and local taxation and 

may be subject to taxation by the Indian 

Tribe with jurisdiction. See 25 CFR 

162.017. As explained further in the 

preamble to the final regulations, the 

Federal government has a strong interest 

in promoting economic development, 

self-determination, and Tribal 

sovereignty. 77 FR 72440, 72447–48 

(December 5, 2012). The principles 

supporting the Federal preemption of 

State law in the field of Indian leasing 

and the taxation of lease-related 

interests and activities applies with 

equal force to leases entered into under 

Tribal leasing regulations approved by 

the Federal government pursuant to the 

HEARTH Act. 

Section 5 of the Indian Reorganization 

Act, 25 U.S.C. 5108, preempts State and 

local taxation of permanent 

improvements on trust land. 

Confederated Tribes of the Chehalis 

Reservation v. Thurston County, 724 

F.3d 1153, 1157 (9th Cir. 2013) (citing 

Mescalero Apache Tribe v. Jones, 411 

U.S. 145 (1973)). Similarly, section 5108 

preempts State taxation of rent 

payments by a lessee for leased trust 

lands, because ‘‘tax on the payment of 

rent is indistinguishable from an 

impermissible tax on the land.’’ See 

Seminole Tribe of Florida v. Stranburg, 

799 F.3d 1324, 1331, n.8 (11th Cir. 

2015). In addition, as explained in the 

preamble to the revised leasing 

regulations at 25 CFR part 162, Federal 

courts have applied a balancing test to 

determine whether State and local 

taxation of non-Indians on the 

reservation is preempted. White 

Mountain Apache Tribe v. Bracker, 448 

U.S. 136, 143 (1980). The Bracker 

balancing test, which is conducted 

against a backdrop of ‘‘traditional 

notions of Indian self-government,’’ 

requires a particularized examination of 

the relevant State, Federal, and Tribal 

interests. We hereby adopt the Bracker 

analysis from the preamble to the 

surface leasing regulations, 77 FR at 

72,447–48, as supplemented by the 

analysis below. 

The strong Federal and Tribal 

interests against State and local taxation 

of improvements, leaseholds, and 

activities on land leased under the 

Department’s leasing regulations apply 

equally to improvements, leaseholds, 

and activities on land leased pursuant to 

Tribal leasing regulations approved 

under the HEARTH Act. Congress’s 

overarching intent was to ‘‘allow Tribes 

to exercise greater control over their 

own land, support self-determination, 

and eliminate bureaucratic delays that 

stand in the way of homeownership and 

economic development in Tribal 

communities.’’ 158 Cong. Rec. H. 2682 

(May 15, 2012). The HEARTH Act was 

intended to afford Tribes ‘‘flexibility to 

adapt lease terms to suit [their] business 

and cultural needs’’ and to ‘‘enable 

[Tribes] to approve leases quickly and 

efficiently.’’ H. Rep. 112–427 at 6 

(2012). 

Assessment of State and local taxes 

would obstruct these express Federal 

policies supporting Tribal economic 

development and self-determination, 

and also threaten substantial Tribal 

interests in effective Tribal government, 

economic self-sufficiency, and territorial 

autonomy. See Michigan v. Bay Mills 

Indian Community, 572 U.S. 782, 810 

(2014) (Sotomayor, J., concurring) 

(determining that ‘‘[a] key goal of the 

Federal Government is to render Tribes 

more self-sufficient, and better 

positioned to fund their own sovereign 

functions, rather than relying on Federal 

funding’’). The additional costs of State 

and local taxation have a chilling effect 

on potential lessees, as well as on a 

Tribe that, as a result, might refrain from 

exercising its own sovereign right to 

impose a Tribal tax to support its 

infrastructure needs. See id. at 810–11 

(finding that State and local taxes 

greatly discourage Tribes from raising 

tax revenue from the same sources 

because the imposition of double 

taxation would impede Tribal economic 

growth). 

Similar to BIA’s surface leasing 

regulations, Tribal regulations under the 

HEARTH Act pervasively cover all 

aspects of leasing. See 25 U.S.C. 

415(h)(3)(B)(i) (requiring Tribal 

regulations be consistent with BIA 

surface leasing regulations). 

Furthermore, the Federal government 

remains involved in the Tribal land 

leasing process by approving the Tribal 

leasing regulations in the first instance 

and providing technical assistance, 

upon request by a Tribe, for the 

development of an environmental 

review process. The Secretary also 

retains authority to take any necessary 

actions to remedy violations of a lease 

or of the Tribal regulations, including 

terminating the lease or rescinding 

approval of the Tribal regulations and 

reassuming lease approval 

responsibilities. Moreover, the Secretary 

continues to review, approve, and 

monitor individual Indian land leases 

and other types of leases not covered 

under the Tribal regulations according 

to 25 CFR part 162. 

Accordingly, the Federal and Tribal 

interests weigh heavily in favor of 

preemption of State and local taxes on 

lease-related activities and interests, 

regardless of whether the lease is 

governed by Tribal leasing regulations 

or 25 CFR part 162. Improvements, 

activities, and leasehold or possessory 

interests may be subject to taxation by 

the Kickapoo Tribe of Oklahoma. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2024–30292 Filed 12–18–24; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AAKC001030/ 

A0A51010.999900] 

Fiscal Year 2024 List of Programs 

Eligible for Inclusion in Funding 

Agreements Negotiated With SelfGovernance Tribes by Interior Bureaus 

Other Than the Bureau of Indian 

Affairs; Fiscal Year 2025 Programmatic 

Targets 

AGENCY: Office of the Secretary, Interior. 

ACTION: Notice. 

SUMMARY: Pursuant to the Indian SelfDetermination and Education 

Assistance Act (Act), as amended, for 

each of the Department of the Interior 

(Department) bureaus other than the 

Bureau of Indian Affairs, this notice lists 

programs or portions of programs 

eligible for inclusion in self-governance 


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funding agreements with Indian Tribes, 

and Fiscal Year 2025 programmatic 

targets for each of the non-Bureau of 

Indian Affairs (BIA) bureaus in the 

Department of the Interior (Department), 

pursuant to title IV of the Act, as 

amended. Revisions to this list are based 

upon feedback received in Tribal 

Consultations in January 2023 on what 

information would be most helpful to 

Indian Tribes seeking ways to develop 

collaborative arrangements in the costewardship of Federal lands and 

waters. 

DATES: These programs are eligible for 

inclusion in self-governance funding 

agreements until September 30, 2025. 

ADDRESSES: Inquiries or comments 

regarding this notice may be directed to 

Vickie Hanvey, Program Policy Analyst, 

Office of Self Governance, by U.S. mail 

to MS 3259–MIB, 1849 C Street NW, 

Washington, DC 20240–0001; by 

telephone at 202–219–0240; via email to 

Vickie.Hanvey@bia.gov; by fax at 202– 

219–4246; or to the bureau-specific 

points of contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Contacts from the following bureaus and 

offices are available to answer questions 

about this notice or regarding selfgovernance: 

• Office of Self Governance: Vickie 

Hanvey, Program Policy Analyst, Office 

of Self Governance, by telephone at 

(918) 931–0745, or via email at 

vickie.hanvey@bia.gov. 

• Bureau of Land Management: Byron 

Loosle, Division Chief for National 

Conservation Lands, by telephone at 

(202) 302–1442, or via email at bloosle@

blm.gov. 

• Bureau of Reclamation: Mr. Kelly 

Titensor, Native American Affairs 

Advisor, by telephone at (202) 513–0558 

or via email at ktitensor@usbr.gov. 

• Office of Natural Resources 

Revenue: Bethany Hagen-Templin, 

Tribal Liaison, by telephone at 303– 

231–3667 or via email at 

onrrtriballiaisonofficer@onrr.gov. 

• National Park Service: Dorothy 

FireCloud, Native American Affairs 

Liaison, by telephone at (202) 354–2090, 

or via email at dorothy_firecloud@

nps.gov. 

• U.S. Fish and Wildlife Service: Scott 

Aikin, National Native American 

Programs Coordinator, by telephone at 

(202) 285–3411, or via email at scott_

aikin@fws.gov. 

• U.S. Geological Survey: Chris 

Hammond, Head, Office of Tribal 

Relations, by telephone at (703) 648– 

6621, or via email at chammond@

usgs.gov. 

• Bureau of Trust Funds 

Administration: Lee Frazier, Program 

Analyst, by telephone at (202) 208– 

7587, or via email at lee_frazier@

btfa.gov. 

• Appraisal and Valuation Services 

Office (AVSO): Eldred F. Lesansee, 

Associate Deputy Director, Office of 

Tribal Sovereignty, by telephone at 

(505) 414–3805, or via email at eldred_

lesansee@ios.doi.gov. 

Alternatively, any inquiries may be 

submitted to Director, Office of Self 

Governance, 1849 C Street NW—3259 

MIB. U.S. Department of the Interior, 

Washington, DC 20240. Any inquiry 

submitted by mail should clearly note 

the Bureau to whom it is directed. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title IV of the Indian SelfDetermination and Education 

Assistance Act (Act) instituted a 

permanent self-governance program at 

the Department. Under the selfgovernance program, certain programs, 

services, functions, and activities, or 

portions thereof, in Department bureaus 

other than the Bureau of Indian Affairs 

(BIA) are eligible to be planned, 

conducted, consolidated, and 

administered by a self-governance Tribe. 

Section 412(c) of the Act requires the 

Secretary of the Interior (Secretary) to 

annually publish a list of, and 

programmatic targets for, non-BIA 

programs, services, functions, and 

activities, or portions thereof, that are 

eligible for inclusion in agreements 

negotiated under the self-governance 

program. 

Two kinds of non-BIA programs are 

eligible for self-governance funding 

agreements. First, section 403(b)(2) of 

the Act provides that any non-BIA 

program, service, function, or activity 

that is administered by the Department 

that is ‘‘otherwise available to Indian 

tribes or Indians’’ can be administered 

by a Tribe through a self-governance 

funding agreement. The Department 

interprets this provision to authorize the 

inclusion of programs eligible for selfdetermination contracts under title I of 

the Act. Section 403(b)(2) also specifies, 

‘‘nothing in this subsection may be 

construed to provide any tribe with a 

preference with respect to the 

opportunity of the tribe to administer 

programs, services, functions, and 

activities, or portions thereof, unless 

such preference is otherwise provided 

for by law.’’ 

Second, section 403(c) of the Act adds 

that the Secretary may include other 

programs, services, functions, and 

activities or portions thereof that are of 

‘‘special geographic, historical, or 

cultural significance’’ to a participating 

self-governance Tribe. Subpart G of the 

self-governance regulations (25 CFR part 

1000) provides the process and 

timelines for negotiating self-governance 

funding agreements with non-BIA 

bureaus. 

Section 403(k) of the Act provides 

that funding agreements may not 

include programs, services, functions, or 

activities that are inherently Federal or 

where the statute establishing the 

existing program does not authorize the 

type of participation sought by the 

Tribe. However, an Indian Tribe (or 

Tribes) need not be identified in the 

authorizing statutes in order for a 

program or element of a program to be 

included in a self-governance funding 

agreement. While general legal and 

policy guidance regarding what 

constitutes an inherently Federal 

function exists, the non-BIA bureaus 

will determine whether a specific 

function is inherently Federal on a caseby-case basis considering the totality of 

circumstances. 

II. Funding Agreements Between SelfGovernance Tribes and Non-BIA 

Bureaus of the Department of the 

Interior for Fiscal Year 2024 

This section provides information on 

the Tribes with which the Department 

of the Interior’s non-BIA Bureaus have 

entered self-governance funding 

agreements for fiscal year 2024. The 

Department is exploring ways to make 

available a historic list of agreements in 

prior fiscal years. 

A. Bureau of Land Management 

The Bureau of Land Management has 

entered funding agreements with the 

following Tribes for Fiscal Year 2024: 

• Council of Athabascan Tribal 

Governments; and 

• Duckwater Shoshone Tribe of the 

Duckwater Reservation. 

B. Bureau of Reclamation 

The Bureau of Reclamation has 

entered funding agreements with the 

following Tribes for Fiscal Year 2024: 

• Gila River Indian Community of the 

Gila River Indian Reservation; 

• Hoopa Valley Tribe; 

• Karuk Tribe; and 

• Yurok Tribe of the Yurok 

Reservation. 

C. Office of Natural Resources Revenue 

The Office of Natural Resources 

Revenue has entered no funding 

agreements with any Tribes for Fiscal 

Year 2024. 

D. National Park Service 

The National Park Service has entered 

funding agreements with the following 

Tribes for Fiscal Year 2024: 


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• Alaska Regional Office—Tanana 

Chiefs Conference; 

• Bandelier National Monument— 

Santa Clara Pueblo; 

• Bering Land Bridge National 

Preserve—Kawerak, Inc.; 

• Grand Portage Band of Lake 

Superior Chippewa Indians—Minnesota 

Chippewa Tribe; 

• River Raisin National Battlefield 

Park—Wyandotte Nation; 

• Valles Caldera National Preserve— 

Santa Clara Pueblo; and 

• Redwood National and State Parks 

with Yurok Tribe of the Yurok 

Reservation. 

E. Fish and Wildlife Service 

The Fish and Wildlife Service has 

entered a funding agreement with the 

following Tribe for Fiscal Year 2024: 

• Council of Athabascan Tribal 

Governments. 

F. U.S. Geological Survey 

The U.S. Geological Survey has 

entered a funding agreement with the 

following Tribe for Fiscal Year 2024: 

• Yurok Tribe of the Yurok 

Reservation. 

G. Bureau of Trust Fund Administration 

The Bureau of Trust Fund 

Administration has entered a funding 

agreement with the following Tribe for 

Fiscal Year 2024: 

• Confederated Salish and Kootenai 

Tribes of the Flathead Reservation, and 

• Cherokee Nation. 

H. Appraisal and Valuation Services 

Office 

The Appraisal and Valuation Services 

Office has entered funding agreements 

with the following Tribes for Fiscal Year 

2024: 

• Quapaw Nation; 

• Morongo Band of Mission Indians; 

• Muckleshoot Indian Tribe; 

• Pueblo of Taos; 

• Confederated Tribes of the Umatilla 

Indian Reservation; 

• Association of Village Council 

Presidents; 

• Kawerak, Inc.; 

• Native Village of Tanana; 

• Tanana Chiefs Conference (includes 

Gwichyaa Gwich’in, aka Fort Yukon); 

• Central Council of the Tlingit and 

Haida Indian Tribes; 

• Cherokee Nation; 

• The Choctaw Nation of Oklahoma; 

• Eastern Shawnee Tribe of 

Oklahoma; 

• The Muscogee (Creek) Nation; 

• Wyandotte Nation; 

• Oneida Nation; 

• Confederated Salish and Kootenai 

Tribes of the Flathead Reservation; 

• Lummi Tribe of the Lummi 

Reservation; 

• Port Gamble S’Klallam Tribes; 

• Confederated Tribes of Siletz 

Indians of Oregon; 

• Hoopa Valley Tribe; 

• Redding Rancheria; 

• Chippewa Cree Indians of the 

Rocky Boy’s Reservation; 

• Absentee-Shawnee Tribe of Indians 

of Oklahoma; 

• Citizen Potawatomi Nation, 

Oklahoma; 

• Kaw Nation, Oklahoma; 

• Sac and Fox Nation, Oklahoma; 

• Salt River Pima-Maricopa Indian 

Community of the Salt River 

Reservation; 

• Shoshone-Paiute Tribes of the Duck 

Valley Reservation, Nevada; and 

• The Osage Nation. 

III. Eligible Programs of the Department 

of the Interior Non-BIA Bureaus 

Self-governance compacts may 

include programs, services, functions, or 

activities administered by the 

Department other than through the BIA 

that are otherwise available to Indian 

tribes or Indians and may also include 

other programs, services, functions, and 

activities, or portions thereof, 

administered by the Secretary of the 

Interior which are of special geographic, 

historical, or cultural significance to the 

participating Indian tribe requesting a 

compact. This grants the Department the 

discretion to fund programs that may 

coincidentally benefit Indians but that 

are national in scope and are not by 

definition programs for the benefit of 

Indians because of their status as 

Indians. 

This section lists by bureau examples 

of the types of non-BIA programs, or 

portions thereof, that may be eligible for 

self-governance funding agreements 

because they are either ‘‘otherwise 

available to Indians’’ under title I of the 

Act and not precluded by any other law, 

or that may have ‘‘special geographic, 

historical, or cultural significance’’ to a 

participating Tribe. The list represents 

examples of the programs that may be 

available to Tribes under a selfgovernance funding agreement, and is 

neither complete, exhaustive, nor 

indicative of a final determination on 

any program. 

The Department may include in 

funding agreements other programs or 

activities not listed below which, upon 

request of a self-governance Tribe, the 

Department determines to be eligible 

under section 403(b)(2) or 403(c) of the 

Act. Tribes interested in doing so are 

encouraged to begin discussions with 

the appropriate non-BIA bureau. 

The Secretary of the Interior, the 

Secretary of Agriculture, and the 

Secretary of Commerce have issued 

Joint Secretarial Order (S.O.) No. 3403 

on fulfilling the trust responsibility to 

Tribes in the stewardship of Federal 

lands and waters. Pursuant to S.O. 3403, 

the Department is committed to 

facilitating agreements with Tribes for 

the collaborative and cooperative 

stewardship of Federal lands and 

waters. 

A. Eligible Bureau of Land Management 

Programs 

Congress tasked the Bureau of Land 

Management (BLM) with a mandate of 

managing public lands for a variety of 

uses such as energy development, 

livestock grazing, recreation, and timber 

harvesting while ensuring natural, 

cultural, and historic resources are 

maintained for present and future use. 

BLM carries out some of its public land 

management activities through contracts 

and cooperative agreements. These and 

other activities may be available for 

inclusion in self-governance funding 

agreements depending upon availability 

of funds, the need for specific services, 

and the self-governance Tribe’s 

demonstration of a special geographic, 

cultural, or historical significance. 

Tribes may obtain further information 

on specific activities that may be 

available for inclusion in a selfgovernance funding agreement from the 

relevant BLM State office. 

Some elements of the following nonexclusive list of BLM programs may be 

eligible for inclusion in a selfgovernance funding agreement: 

• Minerals Management Inspection, 

Enforcement, and Production. 

Verification of Indian coal and sand and 

gravel operations is already available for 

contracting under title I of the Act and, 

therefore, may be available for inclusion 

in a funding agreement. In addition, in 

a study conducted pursuant to 

Secretarial Order 3377, the Department 

of the Interior Office of the Solicitor 

determined that the following functions 

are available for inclusion in a funding 

agreement: inspection and enforcement 

of Indian oil and gas operations; 

determining trust land locations; 

approving applications for permits to 

drill; securing and enforcing bonds (for 

surface of spill estate); and providing 

mineral assessments and valuation; 

• Cadastral Survey. Tribal and 

allottee cadastral survey services are 

already available for contracting under 

title I of the Act and, therefore, may be 

available for inclusion in a funding 

agreement; 

• Cultural Heritage. Cultural heritage 

activities such as research and inventory 

may be available in specific States; 


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• Natural Resources Management. 

Activities such as silvicultural 

treatments, timber management, cultural 

resource management, watershed 

restoration, environmental studies, tree 

planting, and tree thinning may be 

available in specific States; 

• Range Management. Activities such 

as revegetation, noxious weed control, 

fencing, construction and management 

of range improvements, grazing 

management experiments, and range 

monitoring may be available in specific 

States; 

• Riparian Management. Activities 

such as facilities construction, erosion 

control, and rehabilitation may be 

available in specific States; 

• Recreation Management. Activities 

such as facilities construction and 

maintenance, and interpretive design 

and interpretive construction, and 

similar activities may be available in 

specific States; 

• Wildlife and Fisheries Habitat 

Management. Activities such as 

construction and maintenance; 

implementation of statutory, regulatory, 

and policy or administrative plan-based 

species protection; and interpretive 

design and construction and similar 

activities may be available in specific 

States; and 

• Wild Horse Management. Activities 

such as wild horse roundups, adoption, 

and disposition, including operation 

and maintenance of wild horse 

facilities, may be available in specific 

States. 

B. Eligible Bureau of Reclamation 

Programs 

The mission of the Bureau of 

Reclamation (Reclamation) is to manage, 

develop, and protect water and related 

resources in an environmentally and 

economically sound manner in the 

interest of the American public. 

Reclamation water resources projects 

provide water for agricultural, 

municipal, and industrial water 

supplies use; hydroelectric power 

generation; flood control; enhancement 

of fish and wildlife habitats; and 

outdoor recreation. To this end, most of 

Reclamation’s activities involve the 

construction, operation, maintenance, 

and management of water resources 

projects and associated facilities, as well 

as research and development related to 

Reclamation’s responsibilities. Upon the 

request of a self-governance Tribe, 

Reclamation will consider including 

programs or activities which 

Reclamation determines to be eligible 

under section 403(b)(2) or 403(c) of the 

Act in self-governance funding 

agreements. 

Some elements of the following nonexclusive list of Reclamation water 

resource projects, which was developed 

with consideration of their proximity to 

identified self-governance Tribes, may 

be eligible for inclusion in a selfgovernance funding agreement: 

• Klamath Project, California and 

Oregon; 

• Trinity River Fishery, California; 

• Central Arizona Project, Arizona; 

and 

• Indian Water Rights Settlement 

Projects, as authorized by Congress. 

C. Eligible Office of Natural Resources 

Revenue Programs 

The Office of Natural Resources 

Revenue (ONRR) collects, accounts for, 

verifies, and distributes mineral 

revenues from both Federal and Indian 

mineral leases. ONRR also evaluates 

industry compliance with laws, 

regulations, and lease terms, and offers 

mineral-owning Tribes opportunities to 

become involved in ONRR programs 

that address the intent of Tribal selfgovernance, providing self-governance 

Tribes with good preparation for 

assuming other technical functions. 

ONRR program functions are generally 

available to Tribes pursuant to the 

Federal Oil and Gas Royalty 

Management Act of 1983 (FOGRMA; 30 

U.S.C. 1701 et seq.). 

The following ONRR program 

functions may be eligible for inclusion 

in a self-governance funding agreement: 

• Audit of Tribal Royalty Payments. 

Audit activities for Tribal leases, except 

for the issuance of orders, final 

valuation decisions, and other 

enforcement activities. (This program is 

offered as an option for Tribes already 

participating in ONRR cooperative 

audits); 

• Verification of Tribal Royalty 

Payments. Compliance verification, 

monitoring activities, and production 

verification, except for the issuance of 

orders, final valuation decisions, and 

other enforcement activities; 

• Tribal Royalty Valuation. 

Preliminary analysis and 

recommendations for valuation, and 

allowance determinations and 

approvals; and 

• Royalty Internship Program. An 

orientation and training program for 

auditors and accountants from mineralproducing Tribes to acquaint Tribal staff 

with royalty laws, procedures, and 

techniques. This program is 

recommended for Tribes that are 

considering a self-governance funding 

agreement but have not yet acquired 

mineral revenue expertise via a 30 

U.S.C. 1732 cooperative agreement 

(FOGRMA; Pub. L. 97–451, section 202), 

as this term is defined in FOGRMA and 

implementing regulations at 30 CFR 

228.4. 

D. Eligible National Park Service 

Projects 

The mission of the National Park 

Service (NPS) is to preserve unimpaired 

the natural and cultural resources and 

values of the National Park System for 

the enjoyment, education, and 

inspiration of this and future 

generations. 

The NPS administers the National 

Park System, which provides resource 

park management technical, 

operational, and training assistance to 

Tribal Governments. NPS consists of 

420+ national parks, monuments, 

historic sites, battlefields, seashores, 

lake shores and recreation areas. NPS 

units protect natural and cultural 

resources on these Federal lands and 

conducts a range of visitor services such 

as law enforcement, park maintenance, 

and interpretation of geology, history, 

and natural and cultural resource 

management. 

NPS projects may be eligible for 

inclusion in a self-governance funding 

agreement. Proximity to an NPS unit is 

not a barrier for entering into such an 

agreement and should be based on 

shared stewardship goals where Tribal 

interests are shared with unit 

operations. All NPS units sit on 

Indigenous homelands and bear 

Indigenous interests and unique oral 

histories. 

The list below is not all-inclusive, but 

is representative of the types of 

elements of programs which may be 

eligible for Tribal participation through 

self-governance funding agreements. 

1. Archaeological Surveys; 

2. Climate Change Planning, 

Mitigation, and Adaptation projects; 

3. Comprehensive Management 

Planning; 

4. Cultural Landscape Study and 

Maintenance; 

5. Cultural Resource Management 

Projects; 

6. Ethnographic Studies; 

7. Erosion Control; 

8. Fire Protection and Training; 

9. Post-fire stabilization and 

Rehabilitation Projects; 

10. Gathering Baseline Subsistence 

Data—Alaska; 

11. Hazardous Fuel Reduction; 

12. Housing Construction and 

Rehabilitation; 

13. Interpretation and Education—to 

include programs, signage, vendors, 

demonstrations, multi-media; 

14. Interpreting Tribal History; 

15. Janitorial Services; 

16. Preservation and Perpetuation of 

Language & Tribal Lifeways; 


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17. Maintenance; 

18. Management and Care of Museum 

Collections; 

19. Natural Resource Management 

Projects; 

20. Operation and maintenance of 

Campgrounds, Serpentine, Marinas, and 

other administrative facilities; 

21. Preservation and Sharing of 

Cultural and Indigenous Knowledge; 

22. Range Assessment—Alaska; 

23. Reindeer Grazing—Alaska; 

24. Road and Trail Maintenance, 

Repairs, and Upgrades; 

25. Shelter Cabin Upgrades; 

26. Solid Waste Collection and 

Disposal; 

27. Trail Construction and 

Rehabilitation; 

28. Visitor Center Services; 

29. Youth Programs; 

30. Watershed Assessments, 

Restoration and Maintenance; 

31. Beringia Research; 

32. Elwha and other River Restoration 

projects; 

33. Recycling Programs; 

34. Visitor Center Services; and 

35. Historic Preservation Activities. 

E. Eligible U.S. Fish and Wildlife Service 

Programs 

The mission of the U.S. Fish and 

Wildlife Service (Service) is to conserve, 

protect, and enhance fish, wildlife, and 

their habitats for the continuing benefit 

of the American people. The Service’s 

primary responsibilities involve 

migratory birds, endangered species, 

freshwater and anadromous fisheries, 

and certain marine mammals. The 

Service has continuing cooperative 

relationships with a number of Indian 

Tribes regarding the National Wildlife 

Refuge System and the Service’s fish 

hatcheries. Any self-governance Tribe 

may contact a national wildlife refuge or 

national fish hatchery directly 

concerning participation in Service 

programs under the Tribal SelfGovernance Act. 

The following non-exclusive list of 

Service programs is representative of the 

types of programs that may be eligible 

for inclusion in a self-governance 

funding agreement: 

• Subsistence programs within the 

State of Alaska. Evaluate and analyze 

data for annual subsistence regulatory 

cycles and other data trends related to 

subsistence harvest needs and facilitate 

Tribal Consultation to ensure that title 

VII terms of the Alaska National Interest 

Lands Conservation Act (ANILCA; Pub. 

L. 96–487) are being met, as well as 

activities fulfilling the terms of title VIII 

of ANILCA; 

• Technical Assistance, Restoration, 

and Conservation. Conduct planning 

and implementation of population 

surveys, habitat surveys, restoration of 

sport fish, capture of depredating 

migratory birds, and habitat restoration 

activities; 

• Endangered Species Programs. 

Conduct activities associated with the 

conservation and recovery of threatened 

or endangered species protected under 

the Endangered Species Act (ESA; 16 

U.S.C. 1531 et seq.) or candidate species 

under the ESA. These activities may 

include, but are not limited to, 

cooperative conservation programs, 

development of recovery plans and 

implementation of recovery actions for 

threatened and endangered species, and 

implementation of status surveys for 

high-priority candidate species; 

• Education Programs. Provide 

services in interpretation, outdoor 

classroom instruction, visitor center 

operations, and volunteer coordination 

both on and off national wildlife refuge 

lands in a variety of communities and 

assist with environmental education 

and outreach efforts in local villages; 

• Environmental Contaminants 

Program. Conduct activities associated 

with identifying and removing toxic 

chemicals, to help prevent harm to fish, 

wildlife, and their habitats. The 

activities required for environmental 

contaminant management may include, 

but are not limited to, analysis of 

pollution data, removal of underground 

storage tanks, specific cleanup 

activities, and field data gathering 

efforts; 

• Wetland and Habitat Conservation 

Restoration. Provide services for 

construction, planning, and habitat 

monitoring and activities associated 

with conservation and restoration of 

wetland habitat; 

• Fish Hatchery Operations. Conduct 

activities to recover aquatic species 

listed under the ESA, restore native 

aquatic populations, and provide fish to 

benefit national wildlife refuges and 

Tribes. Such activities may include, but 

are not limited to tagging, rearing, and 

feeding of fish; disease treatment; and 

clerical or facility maintenance at a fish 

hatchery; and 

• National Wildlife Refuge 

Operations and Maintenance. Conduct 

activities to assist the National Wildlife 

Refuge System, a national network of 

lands and waters for conservation, 

management, and restoration of fish, 

wildlife and plant resources and their 

habitats within the United States. 

Activities that may be eligible for a selfgovernance funding agreement may 

include, but are not limited to 

construction, farming, concessions, 

maintenance, biological program efforts, 

habitat management, fire management, 

and implementation of comprehensive 

conservation planning. 

F. Eligible U.S. Geological Survey 

Programs 

The U.S. Geological Survey (USGS) is 

a scientific research bureau whose 

mission is to monitor, analyze, and 

predict current and evolving Earthsystem interactions and deliver 

actionable information at scales and 

timeframes relevant to decision makers. 

This information is usually publicly 

available and includes reports, maps, 

databases, and descriptions and 

analyses of the water, plants, animals, 

energy, and mineral resources, land 

surface, underlying geologic structure, 

and dynamic processes of the earth. The 

USGS does not manage lands or 

resources. Self-governance Tribes may 

potentially assist the USGS in the data 

acquisition and analysis components of 

USGS’s activities. 

The list below is not all-inclusive but 

provides examples of program elements 

that have been and may be eligible for 

inclusion in a self-governance funding 

agreement: 

• Collection of UAS imagery suitable 

for Structure-from-Motion (SfM) 

photogrammetry; and 

• Collection of baseline sediment flux 

data, digital grain size analysis, fluvial 

geomorphic conditions, occurring 

during and following dam removal. 

G. Eligible Bureau of Trust Funds 

Administration Programs 

Secretarial Order 3384 authorized the 

establishment of the Bureau of Trust 

Funds Administration (BTFA), which 

reports to the Office of the Assistant 

Secretary—Indian Affairs. BTFA is 

responsible for the management 

(receipting, investing, disbursing, 

reconciling and reporting) of the 

monetary assets of American Indians 

held in trust by the Department of the 

Interior. BTFA also maintains the 

official archive of American Indian 

Records. This program safeguards 

millions of original historic documents 

that detail the Federal government’s 

treaty obligation to Native Americans. 

A Tribe operating under selfgovernance may include the following 

programs, services, functions, and 

activities or portions thereof, in a 

funding agreement: 

• Beneficiary Processes Program 

(Individual Indian Money Accounting 

Technical Functions). The 

memorandum of understanding (MOU) 

between the Tribe/Consortium and 

BTFA outlines the roles and 

responsibilities for the performance of 

the BTFA program by the Tribe/ 

Consortium. If those roles and 


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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 103863 

responsibilities are already fully 

specified in the existing funding 

agreement with the Office of SelfGovernance (OSG), an MOU is not 

necessary. To the extent that the parties 

desire specific program standards, an 

MOU will be negotiated between the 

Tribe/Consortium and BTFA, which 

will be binding on both parties and 

attached and incorporated into the OSG 

funding agreement. If a Tribe/ 

Consortium decides to assume the 

operation of a BTFA program, the new 

funding for performing that program 

will come from BTFA program dollars. 

A Tribe’s newly assumed operation of 

the BTFA program(s) will be reflected in 

the Tribe’s OSG funding agreement. 

H. Eligible Appraisal and Valuation 

Services Office Programs 

The mission of the Appraisal and 

Valuation Services Office (AVSO) is to 

provide credible, timely, and efficient 

valuation services to ensure the 

Department’s fiduciary responsibilities 

are met for Tribes and beneficiaries in 

trust and restricted-fee real property 

transactions, and to uphold public trust 

in Federal real property transactions. 

AVSO provides appraisal, valuation, 

mineral evaluation, and real property 

consulting expertise to Indian 

beneficiaries, Federal clients, and other 

stakeholders in accordance with the 

highest professional and ethical 

standards and is responsible for all real 

property appraisal and valuation 

services within the Department of the 

Interior. AVSO is comprised of three 

regions (Western, Central and Eastern) 

serving all of Indian Country as well as 

all DOI bureaus, agencies and offices. 

AVSO’s Mineral Evaluations Division is 

tasked with providing mineral 

assessments and evaluations for DOI. 

These and other activities may be 

available for inclusion in selfgovernance funding agreements 

depending upon availability of funds, 

the need for specific services, and the 

self-governance Tribe’s demonstration 

of a special geographic, cultural, or 

historical significance. Tribes may 

obtain further information on specific 

activities that may be available for 

inclusion in a self-governance funding 

agreement. 

Some elements of the following nonexclusive list of AVSO programs, 

functions, services and activities may be 

eligible for inclusion in a selfgovernance funding agreement: 

• Appraisal and valuation functions 

for Indian trust and restricted fee real 

property; 

• Appraisal review function for 

appraisals prepared for Departmental 

use; 

• Appraisal and valuation functions 

for Federal real property; 

• Appraisals and evaluation functions 

for Indian and Federal minerals; and 

• Real property consultation services. 

The MOU between the Tribe/ 

Consortium and AVSO outlines the 

roles and responsibilities for the 

performance of the AVSO program by 

the Tribe/Consortium. An MOU will be 

negotiated between the Tribe/ 

Consortium and AVSO, which will be 

binding on both parties and attached 

and incorporated into the OSG funding 

agreement. If a Tribe/Consortium 

decides to assume the operation of an 

AVSO program, the new funding for 

performing that program will come from 

AVSO program dollars. A Tribe’s newlyassumed operation of an AVSO program 

will be reflected in the Tribe’s OSG 

funding agreement. 

IV. Principles Governing Non-BIA SelfGovernance Programs Eligible for 

Inclusion in Self-Governance Funding 

Agreements 

Based on feedback from Consultation, 

the Department includes in this year’s 

Federal Register Notice general 

guidance on principles governing nonBIA self-governance programs eligible 

for inclusion in self-governance funding 

agreements. As a foundational matter, 

self-governance compacts may include 

Federal programs, services, functions, or 

activities administered by the 

Department other than through the 

Bureau of Indian Affairs that are 

otherwise available to Indian tribes or 

Indians. Self-governance compacts may 

also include other programs, services, 

functions, and activities, or portions 

thereof which are of special geographic, 

historical, or cultural significance to the 

participating Indian tribe requesting a 

compact. The Department has 

interpreted this language as granting the 

government discretion to fund programs 

that may coincidentally benefit Indians 

but that are national in scope and are 

not by definition programs for the 

benefit of Indians because of their status 

as Indians. 

Pursuant to S.O. 3403, the 

Departments’ agencies have a directive 

to facilitate agreements with Tribes to 

collaborate in the co-stewardship of 

Federal lands and waters and to 

strengthen Tribal homelands. Pursuant 

to Executive Order 13175, in 

implementing the Act the Department 

supports Tribal sovereignty and selfdetermination and encourages Indian 

Tribes to develop their own policies to 

achieve the objectives of the Act for 

non-BIA Programs. Where possible, the 

Department will defer to Indian Tribes 

to establish standards for non-BIA 

Programs. Together, these policy 

documents demonstrate, and the 

Department reiterates, a desire to further 

inclusion of non-BIA programs in selfgovernance funding agreements. 

V. Programmatic Target for Fiscal Year 

2025 

The programmatic target for Fiscal 

Year 2025 provides that, upon request of 

a self-governance Tribe, each non-BIA 

bureau will negotiate funding 

agreements for its eligible programs 

beyond those already negotiated. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2024–30252 Filed 12–18–24; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AAKC001030/ 

A0A51010.999900] 

Notice of Deadline for Submitting 

Completed Applications To Begin 

Participation in the Tribal SelfGovernance Program in Fiscal Year 

2026 or Calendar Year 2026 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of application deadline. 

SUMMARY: The Office of Self-Governance 

(OSG) establishes a March 1, 2025, 

deadline for Indian tribes/consortia to 

submit completed applications to begin 

participation in the tribal selfgovernance program in fiscal year 2026 

or calendar year 2026. 

DATES: Completed application packages 

must be received by the Director, Office 

of Self-Governance, by March 1, 2025. 

ADDRESSES: Submit applications to 

Sharee M. Freeman, Director, Office of 

Self-Governance, Department of the 

Interior, Mail Stop 3259- MIB, 1849 C 

Street NW, Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Vickie Hanvey, Office of Self 

Governance, (mail to: Vickie.Hanvey@

bia.gov); Telephone (918) 931–0745. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: Under 25 

U.S.C. 5362(b) of the Practical Reforms 

and Other Goals To Reinforce the 

Effectiveness of Self-Governance and 

Self-Determination (PROGRESS Act), 

the Secretary, acting through the 

Director of the Office of SelfGovernance, may select not more than 


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